Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Appeals Court Affirms “Broad Discretion” Given to Courts to Issue E-Discovery Sanctions

Created on May 28, 2020

Director of Marketing at Exterro

EPAC Technologies v. HarperCollins Christian Publishing, Inc. (6th Circuit April 15, 2020) shows that, even with new FRCP Rule 37(e) clarifying the standards for spoliation sanctions, the court is still given “broad discretion” to issue e-discovery sanctions outside the confinements of 37(e), making it more important than ever to ensure defensible preservation practices are followed. Overview: What seemed to be a “simple contract dispute,” now “has cost both parties millions of dollars in attorneys’ fees and years of litigation.” The defendant appealed a verdict for the plaintiff based on numerous allegations... Read More

Why Urgency is Needed When Filing a Spoliation Sanctions Motion

Created on May 13, 2020

Director of Marketing at Exterro

Nevis v. Rideout Memorial Hospital, et al (E.D. Cal. Feb. 6, 2020) shows that parties seeking discovery should act with due diligence or they could lose the opportunity to obtain remedies for an opposing party’s non-compliance. Overview:In January 2017, a preservation letter was sent from the plaintiff to the defendant asking for all data related to the accident to be preserved, which specifically included the plaintiff’s mobile phone. Subsequently one defendant requested the data from the plaintiff’s phone from the month of the accident. In September 2018, the defendant produced responses... Read More

When Does the Work Product Doctrine Kick In?

Created on April 29, 2020

Director of Marketing at Exterro

Noah’s Wholesale, LLC v. Covington Specialty Ins. (S.D. Fla. May 13, 2020) shows that in cases involving e-discovery issues, the moving party is usually arguing that their opponent did not preserve relevant data when litigation was reasonably foreseeable. In this case, the opposite was true: The moving party wanted information that was protected by the work product doctrine to be ruled not privileged, arguing that litigation wasn’t reasonably foreseeable and thus the work product would not apply. Overview: In this insurance claim dispute, the two sides disagreed on when litigation was... Read More

How the Coronavirus Has Changed the Judicial System, and the Greater Role of Technology

Created on April 15, 2020

Director of Marketing at Exterro

Schools are closed. Social distancing and shelter in place are becoming surprisingly “somewhat” more normal. Our everyday lives have changed and those changes extend to the courtroom. So, what has changed for the courts? A lot, but it’s all to help protect legal professionals, according to Hon. Joy Conti, Sr. District Judge of the Western District of Pennsylvania. Judge Conti laid out a laundry list of changes she’s seen in the prior few weeks: “Judges in my court have postponed all trials for at least 45 days. We do not want to... Read More

What Constitutes Private Information in Text Messages

Created on April 1, 2020

Director of Marketing at Exterro

Laub v. Horbaczewski (C.D. Cal July 30, 2019) serves as notice to custodians that even private information stored on your phone conducted in the course of business may be deemed responsive if produced. Overview:In this contract case, the defendant inadvertently produced spreadsheets of text messages and iNotes from the defendant’s mobile phone without conducting a privilege review. Because of this, the defendant requested the production of spreadsheets to be returned and a new version with redactions would be submitted to the plaintiff.The defendant reasoned that since the text message production contained... Read More

Gartner Report: Recommendations for Data Privacy Process Automation

Created on March 27, 2020

Director of Marketing at Exterro

By 2023, modern privacy regulations will cover 65% of the world’s personal data, up from 10% today. Moreover, self-service portals for preference and consent management will be far more prevalent than they are today. Gartner’s latest Market Guide, Market Guide for Subject Rights Request Automation, takes a direct look at the heart of modern privacy regulations: The Data Subject Access Request (DSAR). These requests allow individuals the right to know what personal data an organization is holding, and offers individuals greater control over remediating that data. The report covers the current landscape... Read More

Friday Funnies: Exterro's Meme Series - Responsive Data Edition

Created on March 27, 2020

Director of Marketing at Exterro

With the huge amounts of data that companies keep these days, finding responsive data can be tough. But what makes that easier is minimizing the data that you do have—which also greatly helps mitigate risk. But the highest risk right now may be in letting your TP stock drop below 24 or 25 rolls. You know, just to be safe. Who says e-discovery isn't funny? If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun... Read More